Reforms of Consent

Flash cards about potential reforms of consent

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The Law is Unclear

  • People do not know if they have done wrong because the laws are changed on a case my case basis
    • In Wilison they said a married couple of opposite genders can particpate in sadomasochism but two homo-sexuals can't
    • Is the law homophoic?
  • A potential suggest for reform would be to create a clear list of exceptions so that everyone is treated fairly
  • There is contradictiory decsion in decsions involing hetro-sexuals 
    • Emmett- said consent can be used if the harm is more than trival
    • In Wilson consent could be used even though the harm was more than trival
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Consent & Euthanaisa

  • Should be people be able to consent to their death if their quailty of life is so poor?
  • Assisting in sucidie is illegal
    • Making euthniasia legal would put a large amount of power in a small group of people
    • Who gets to decide? People may pressure the victim into givign consent for their personal gain
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  • "Friendly violence" between people of a similar age
  • Consent can be used even when there is serious harm
    • This is because the defendant did not have the mens rea for this harm
    • Consent can be a defence even if it is mistaken consent
      • Aitken- mistaken belief to being set on fire
  • Why should consent be a defence to horseplay even when there is serious harm but not a defence for disapproved types of sexual behaviour
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